Final Exam Extra

Question 1

Hate Speech - Burning Cross

Answer 1

Had to Intended to intimidate + intimidation occurred this is unconstitutional
[Virginia v. Black]

Question 2

Hate Speech Generally

Answer 2

Protected Viewpoint

Question 3

Unprotected Categories of Speech

Answer 3

1. Incitement to Violence - Lawlessness
2. Fighting Words
3. Obscenity
4. Libel
5. Child Porn

Question 4

Obscenity found in house due to search warrant for something else

Answer 4

Protected

Question 5

Child Porn Found in a House during search warrant for something else

Answer 5

Unprotected

Question 6

Obscenity in theater

Answer 6

Can ban - no protection in a theater

Question 7

“Child” porn - computer generated

Answer 7

protected b/c not real -no children harmed and that is the reason for all bans

Question 8

Nudity Bans

Answer 8

Can’t restrict on the basis of content
Ex: could have a restriction about drive in movie theater placement screen angle

1. Can’t ban ALL Live nude entertainment BUT
2. Zoning ordinances = ok b/c it’s to move Not to Ban Sexual speech is treated as lower value speech

Question 9

Flag Burning

Answer 9

Protected Speech - Symbolic Conduct but not content neutral

Question 10

Specialty Plates

Answer 10

Gov’t speech Not a public forum - SO - when the gov’t speaks it is not barred by 1st Amend from determining the content of what it says

Question 11

Terrorist Material Support

Answer 11

It is Expressive Conduct
BUT Not O’Brien but was Strict Scrutiny (compelling gov’t interest and least restrictive)
- it passed the scrutiny and was able to be restricted

Question 12

Gov’t Power to Limit Speech in Parks + Streets

Answer 12

Can have reasonable time , place, manner restrictions

2 Questions to ask

1) What is the gov't reason for banning ?
2) Is it too restrictive ?
	a) Look to how restrictive it is 
	b) Are there alternate forms of communication?

Question 13

Limiting Speech in Public -

Answer 13

can ban - sound trucks, signs on public property, sleeping in public park
can’t ban - leafleting, hand bills door to door, signs on private property

Question 14

Traditional Public Forum (Streets & Parks)

Answer 14

Must meet strict scrutiny

Question 15

Designated Public Forum

not traditionally public forum that has been opened up to for that purpose

Answer 15

Must meet strict scrutiny

Question 16

Limited Public Forum

open to limited use by certain groups or dedicated solely to the discussion of certain subjects

Answer 16

CAN limit certain Content but
NOT DISCRIMINATE on Viewpoint
- Must be reasonable and viewpoint neutral

Question 17

Can you have permit fees in public forum ?

Answer 17

Yes - reasonable and neutral

- narrowly tailored , compelling gov’t interest , alt forms of communication

Question 18

Religious monuments in Public Park

Answer 18

Can refuse bc permanent statues gov’t speech

Question 19

Speech by Gov’t Employees - Public Concern

Answer 19

Speech is about a Public Concern (Teacher commenting on school funds) then it is allowed (not restricted)

Question 20

Speech by Gov’t Employees - Internal Work Concern

Answer 20

Speech is about work and inside employment issues = not allowed (restricted)

Question 21

Speech by Gov’t Employees - In official capacity but public concern

Answer 21

Speaking in your official capacity then not speaking as a citizen (DA office)
- Must use whistle blower laws

Question 22

Gov’t Funds - VA Benefit Oath of Loyalty

Answer 22

Gov’t cannot limit VA Benefit on an oath of loyalty - compelled speech and can’t penalize it

Question 23

Gov’t Funded Programs

Answer 23

Can regulate if part of program but not outside the program

Question 24

Prior Restraints

Answer 24

Submitted for Review prior to publication

Almost NEVER ALLOWED !

Question 25

Flag Salute

Answer 25

Cannot compel and determine something is orthodox

W Va v. Barnette

Question 26

State Compelling Access to Private Forum - shopping mall lot

Answer 26

Question to ask - Whether speech is reasonably associated with the group ?
- probably not -

Question 27

Freedom of Association - boy scouts

Answer 27

can exclude him bc it affects in significant way their ability to advocate their viewpoint

Question 28

Freedom of Religion - working on Saturday

Answer 28

can’t apply unevenly - Sunday off vs Saturday off - must get unemployment benefits (Sherbert)

Question 29

Freedom of Religion - going to HS

Answer 29

Can’t make them go - (Yoder)

Question 30

Freedom of Religion - Peyote

Answer 30

can not use bc religion does NOT exclude you from a valid neutral law generally applied

Question 31

Religion in Schools

Answer 31

A. School Prayer = Can’t have
B. Graduation Benediction = Can’t have = coercion
C. Evolution teaching = Can’t have b/c endorsement of religion

Legislative Prayer = ok b/c no coercion of adults and history

Question 32

Establishment (of Religion) Clause

Lemon Test

Answer 32

Lemon Test

1. Must have a secular purpose (Not concerned with religion or religious matters)
2. Does not have the primary effect of advancing or inhibiting religion, and
3. Does not foster excessive entanglement between government and religion.